(LRC Revised)

Number 4 of 2009

ELECTORAL (AMENDMENT) ACT 2009

REVISED

Updated to 9 January 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of

Electoral (Amendment) Act 2009

. It is prepared by the Law Reform Commission in accordance with its function under

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including

Local Government (Maternity

Protection and Other Measures for Members of Local Authorities) Act 2022

(52/2022), enacted 21 December 2022, and all statutory instruments up to and including

Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order

2023

(S.I. No. 1 of 2023), made 9 January 2023, were considered in the

preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

4

of

2009

ELECTORAL (AMENDMENT) ACT 2009

REVISED

Updated to 9 January

2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citations and construction.

2. Interpretation.

PART 2

Dáil Constituencies and Number of Members

3. Number of

members of Dáil Éireann.

(Repealed)

4.

Constituencies.

(Repealed)

5. Number of

members to be returned for constituency.

(Repealed)

6. Repeal.

PART 3

European Parliament Constituencies and Number of Members

7. Amendment of section 15 of European Parliament Elections Act 1997.

8. Substitution of Third Schedule to European Parliament Elections Act 1997.

PART 4

Constituency Commission

9. Substitution of Part II of Electoral Act 1997.

PART 5

European Parliament Elections

10. Substitution of sections 12 and 13 of European Parliament Elections Act 1997.

11. Substitution of rules 2 to 5 of Second Schedule to European Parliament Elections

Act 1997.

12. Substitution of rule 13 of Second Schedule to European Parliament Elections Act

1997.

13. Amendment of rules 17 and 88 of Second Schedule to European Parliament Elections

Act 1997.

14. Amendment of Schedule to Electoral Act 1997.

PART 6

Local Elections

15. Substitution of articles 11 to 20 of Local Elections Regulations.

16. Amendment of article 83 of Local Elections Regulations.

17. Amendment of article 84 of Local Elections Regulations.

18. Amendment of article 86 of Local Elections Regulations.

19. Amendment of Local Elections (Disclosure of Donations and Expenditure) Act 1999.

20. Confirmation of Local Elections Regulations.

SCHEDULE

(Repealed)

Acts Referred to

Civil Service Regulation Acts 1956 to 2005

Electoral (Amendment) Act 2005

2005, No. 16

Electoral Act 1997

1997, No. 25

Electoral Acts 1992 to 2007

European Parliament Elections Act 1997

1997, No. 2

European Parliament Elections Acts 1992 to 2006

Local Elections (Disclosure of Donations and Expenditure) Act 1999

1999, No. 7

Local Elections Acts 1974 to 2006

Statutory Declarations Act 1938

1938, No. 37

Succession Act 1965

1965, No. 27

Number

4

of

2009

ELECTORAL (AMENDMENT) ACT 2009

REVISED

Updated to 9 January

2023

AN ACT TO REVISE DÁIL AND EUROPEAN PARLIAMENT CONSTITUENCIES, TO PROVIDE FOR THE NUMBER OF MEMBERS TO

BE ELECTED FOR SUCH CONSTITUENCIES, TO AMEND THE LAW RELATING TO THE CONSTITUENCY

COMMISSION, AND FOR THOSE AND OTHER PURPOSES TO AMEND THE EUROPEAN PARLIAMENT ELECTIONS

ACT 1997 AND CERTAIN OTHER ENACTMENTS, TO AMEND AND GIVE STATUTORY EFFECT TO THE LOCAL

ELECTIONS REGULATIONS 1995 AND TO PROVIDE FOR RELATED MATTERS.

[24

th February

, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Prospective affecting

provision: application of collectively cited

Electoral Acts

and

European

Parliament Elections Acts

restricted by

Electoral Reform Act 2022

(30/2022), s. 126(3)(a), (b), not commenced as of date of revision.

Exemptions from public

information requirements

126.

(1) A notice placed or

displayed on an online platform by the persons specified in

subsection (2)

for the purpose, and in the course, of performing their statutory functions under

the enactments specified in

subsection (3)

shall not be construed as being

an “online political advertisement” for the purposes of this Part.

(2) The following persons are

specified for the purposes of

subsection (1)

(

a

) the Minister;

(

b

) the Commission;

(

c

) a returning officer

(within the meaning of section 30 of the Act of 1992);

(

d

) the presidential

returning officer and a local returning officer (within the meaning of sections 9

and 10, respectively, of the Act of 1993);

(

e

) the referendum

returning officer and a local returning officer (within the meaning of sections 14

and 15, respectively, of the Act of 1994);

(

f

) the chief returning

officer, a returning officer and a local returning officer (within the meaning of

sections 15A, 16 and 17, respectively, of the Act of 1997);

(

g

) a returning officer

(within the meaning of section 14 of the Seanad Electoral (University Members) Act

1937 );

(

h

) the Seanad returning

officer (within the meaning of section 4 of the Seanad Electoral (Panel Members)

Act 1947 );

(

i

) a returning officer

(within the meaning of Article 4 of the Local Elections Regulations 1995);

(

j

) a local authority.

(3) The enactments specified for

the purposes of

subsections (1)

and

(2)

are

(

a

) the Electoral Acts

1992 to 2022;

(

b

) the European

Parliament Elections Act 1992 to 2022;

...

C2

Application of collectively cited

Electoral Acts 1923 to 1990

,

Electoral Acts 1992 to 2013

,

European Parliament Elections Acts 1977 to 1993

and

European Parliament Elections Acts 1992 to 2013

restricted (1.07.2014) by

Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014

(6/2014), s. 2(6)(a), (b), S.I. No. 210 of 2014.

Payment of Parliamentary Activities Allowance to parliamentary leaders of qualifying

parties and to independent members

2.

...

(6) An allowance paid under this section shall not be used for, or to recoup, election

or poll expenses incurred for the purposes of any election or poll held under—

(a) the Electoral Acts 1923 to 1990 or the Electoral Acts 1992 to 2013,

(b) the European Parliament Elections Acts 1977 to 1993 or the European Parliament

Elections Acts 1992 to 2013,

...

Annotations

Modifications (not altering text)

C1

Prospective affecting

provision: application of collectively cited

Electoral Acts

and

European

Parliament Elections Acts

restricted by

Electoral Reform Act 2022

(30/2022), s. 126(3)(a), (b), not commenced as of date of revision.

Exemptions from public

information requirements

126.

(1) A notice placed or

displayed on an online platform by the persons specified in

subsection (2)

for the purpose, and in the course, of performing their statutory functions under

the enactments specified in

subsection (3)

shall not be construed as being

an “online political advertisement” for the purposes of this Part.

(2) The following persons are

specified for the purposes of

subsection (1)

(

a

) the Minister;

(

b

) the Commission;

(

c

) a returning officer

(within the meaning of section 30 of the Act of 1992);

(

d

) the presidential

returning officer and a local returning officer (within the meaning of sections 9

and 10, respectively, of the Act of 1993);

(

e

) the referendum

returning officer and a local returning officer (within the meaning of sections 14

and 15, respectively, of the Act of 1994);

(

f

) the chief returning

officer, a returning officer and a local returning officer (within the meaning of

sections 15A, 16 and 17, respectively, of the Act of 1997);

(

g

) a returning officer

(within the meaning of section 14 of the Seanad Electoral (University Members) Act

1937 );

(

h

) the Seanad returning

officer (within the meaning of section 4 of the Seanad Electoral (Panel Members)

Act 1947 );

(

i

) a returning officer

(within the meaning of Article 4 of the Local Elections Regulations 1995);

(

j

) a local authority.

(3) The enactments specified for

the purposes of

subsections (1)

and

(2)

are

(

a

) the Electoral Acts

1992 to 2022;

(

b

) the European

Parliament Elections Act 1992 to 2022;

...

C2

Application of collectively cited

Electoral Acts 1923 to 1990

,

Electoral Acts 1992 to 2013

,

European Parliament Elections Acts 1977 to 1993

and

European Parliament Elections Acts 1992 to 2013

restricted (1.07.2014) by

Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014

(6/2014), s. 2(6)(a), (b), S.I. No. 210 of 2014.

Payment of Parliamentary Activities Allowance to parliamentary leaders of qualifying

parties and to independent members

2.

...

(6) An allowance paid under this section shall not be used for, or to recoup, election

or poll expenses incurred for the purposes of any election or poll held under—

(a) the Electoral Acts 1923 to 1990 or the Electoral Acts 1992 to 2013,

(b) the European Parliament Elections Acts 1977 to 1993 or the European Parliament

Elections Acts 1992 to 2013,

...

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citations and construction.

2. Interpretation.

PART 2

Dáil Constituencies and Number of Members

3. Number of

members of Dáil Éireann.

(Repealed)

4.

Constituencies.

(Repealed)

5. Number of

members to be returned for constituency.

(Repealed)

6. Repeal.

PART 3

European Parliament Constituencies and Number of Members

7. Amendment of section 15 of European Parliament Elections Act 1997.

8. Substitution of Third Schedule to European Parliament Elections Act 1997.

PART 4

Constituency Commission

9. Substitution of Part II of Electoral Act 1997.

PART 5

European Parliament Elections

10. Substitution of sections 12 and 13 of European Parliament Elections Act 1997.

11. Substitution of rules 2 to 5 of Second Schedule to European Parliament Elections

Act 1997.

12. Substitution of rule 13 of Second Schedule to European Parliament Elections Act

1997.

13. Amendment of rules 17 and 88 of Second Schedule to European Parliament Elections

Act 1997.

14. Amendment of Schedule to Electoral Act 1997.

PART 6

Local Elections

15. Substitution of articles 11 to 20 of Local Elections Regulations.

16. Amendment of article 83 of Local Elections Regulations.

17. Amendment of article 84 of Local Elections Regulations.

18. Amendment of article 86 of Local Elections Regulations.

19. Amendment of Local Elections (Disclosure of Donations and Expenditure) Act 1999.

20. Confirmation of Local Elections Regulations.

SCHEDULE

(Repealed)